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Department cops big fine over Malu Sara deaths

TONY EASTLEY: When the immigration patrol boat the Malu Sara sank in the Torres Strait in 2005, five people onboard died.

Now after a coronial inquest and various investigations, a Federal Court judge has found the Immigration Department breached occupational health and safety laws.

The department was fined the maximum amount, almost a quarter of a million dollars.

But for some people, close to the families, the record penalty is not enough.

Simon Santow reports.

SIMON SANTOW: The Malu Sara didn't stand a chance - with two Immigration Department officials, two other people and a child on board, it sank in foggy drizzle between Saibu and Badu Islands in the Torres Strait five years ago.

There were no survivors.

According to a judge of the Federal Court, the boat was ill-equipped and key people lacked the relevant expertise.

Even more damning, there was evidence the Department of Immigration and Citizenship knew there were problems and did little to address the risks.

SANDI LOGAN: There were clearly lacking procedures and rigour in our procurement. There were clearly operational deficiencies. There were clearly oversight deficiencies.

SIMON SANTOW: Sandi Logan is the spokesman for DIAC.

SANDI LOGAN: This was an incident and a very serious one in 2005. Since then major reforms have been implemented in the department to ensure that there is never a repetition of this.

SIMON SANTOW: Could a similar accident recur?

SANDI LOGAN: We would certainly hope and expect not.

SIMON SANTOW: A policy initiative of the Howard government, the program was meant to provide locals with jobs and patrol the border with Papua New Guinea.

Comcare launched the prosecution, and the government health and safety regulator's CEO Paul O'Connor believes good can come out of the court's findings.

PAUL O'CONNOR: The Federal Court's decision was a very strong one and especially where it said that the seriousness of the shortcomings and the conduct of the federal employer DIAC that led to the tragic events could not in any respect be qualified by anything else they did afterwards.

SIMON SANTOW: The editor and publisher of Torres News, Mark Bousen is close to the families of the victims.

MARK BOUSEN: Well, I think there is some satisfaction in knowing that DIAC was fined the maximum amount possible but I can tell you that it will be a very shallow feeling that the only penalty is a mere $240,000-odd dollars when the department has been so roundly criticised by all those who have been involved into the inquest into the deaths of these people.

SIMON SANTOW: He wants to see more done.

MARK BOUSEN: And the most grieving part of it all for all the families and this is the part that still upsets them is that no one has been charged over it, yet the coroner has been so scathing but there has been no criminal charges laid and no one seems to be prepared to pursue that course of action and the families can have no closure until there is.

SIMON SANTOW: The ABC understands that compensation has been paid to the relatives of most of the family members.

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